Bloggings On Immigration Law And Policy

April 19, 2011

The storyline continues. Last year, 13,500 regular H-1B applications were counted in the first week and 5,600 advanced degree applications. This year 5,900 regular applications were received in the first week and 4,500 advanced degree petitions. USCIS just reported that in the second week of counting, 7,100 regular cases were receipted and 5,100 advanced degree applications. That's roughly the typical weekly usage we saw last year and if the pace doesn't change much, the cap will potentially be hit one to two months later than for FY2011. Later this summer as the cap starts to get a little closer to being reached, I'll start issuing projections of the dates each quota is likely to be filled.

April 15, 2011

22 Democratic Senators are urging President Obama to stop deporting young people who are likely to be eligible for legalization if the DREAM Act passes. The White House has so far rebuffed such requests with the not very believable excuse that it's hands are tied. That's simply not so and the President's executive authority to solve immigration problems Congress is ignoring has been well documented. Hopefully, the pressure will start to pay off.

The USCIS Ombudsman's office has issued a report making recommendations on the processing by USCIS of kids under the Special Immigrant Juveniles rules. According to Ombudsman January Contreras:

It has long been the practice of the U.S. Government to demonstrate global leadership by providing a number of humanitarian avenues for immigrants who are in the most vulnerable and desperate of situations. One such population is addressed in this report: children who find themselves in this country without parental support due to abuse, neglect, abandonment or another similar basis. This report issues recommendations regarding adjudications for those who seek Special Immigrant Juvenile (SIJ) status.

The SIJ stakeholder experience with U.S. Citizenship and Immigration Services (USCIS) varies widely from city to city. In some locations, stakeholders express appreciation for accessible and knowledgeable SIJ experts at USCIS. There is a sense that leaders in these field offices “get it” when it comes to the sense of urgency and difficult reality that these children are facing. At the same time, other stakeholders share concerns about a void in access to local contacts who specialize in SIJ adjudications and interviews, as well as a lack of training and guidance to support efficient and appropriate adjudications. Individuals and organizations seeking to assist SIJ applicants also express concern about a lack of revised guidance reflective of the most current advancements in law.

For USCIS, there is an opportunity to identify leadership teams that have implemented best practices and to encourage the adoption of these practices throughout the nation. Furthermore, training and up-to-date guidance to support adjudicators in this work represent important steps to achieve timely and consistently sound decisions. In this way, USCIS can benefit from building best practices into SIJ adjudication processes nationwide, and the public can benefit from uniformly sound treatment and decisions no matter which field office they rely on for services.

Here's a copy of the report and hopefully USCIS will pay attention to the helpful recommendations.

Senator Chuck Schumer (D-NY), the chair of the Senate Immigration Subcommittee, has introduced S. 823, legislation that would reform F-1 student rules for those attending public schools in the US. Under current law, an F-1 can only attend a public school in the US for one year even though F-1 students are required to pay tuition to the school system in an amount at least as high as the cost of educating them.The bill would allow students to attend for longer periods as long as they pay their way.

Why should we care when these same students can attend private schools for an unlimited amount of time? A lot of public schools, particularly in rural areas, face closure if they can't increase their enrollments and some innovative school districts like the one in Newcomb, New York are re-branding their schools as international prep schools as they welcome students from around the globe. It's a great way to bring the world to American kids that ordinarily would have little contact with international culture and it provides international students with exposure to an aspect of America that they often miss.

Immigration politics have blocked even relatively modest bills like this one from passing over the last few years, but hopefully we're going to see some change this year. My visits to the Hill last week leave me optimistic so hopefully this bill will have a real shot this year.

It took nearly a year, but another state legislature has passed a bill similar to the Arizona "papers please" law that has been so far blocked by the courts. The bill also requires all employers to use E-Verify. A last minute compromise exempts employers with fewer than 10 employees and a 30 day grace period to correct problems. The bill also has a provision that allows for the study of creating a Georgia guest worker program along the lines of what Utah passed last month.

Like Arizona, this bill is going to be challenged in the courts if passed. And perhaps that will influence Governor Nathan Deal who has yet to indicate whether he will sign the bill. With this week's loss by Arizona in the 9th Circuit, perhaps he'll recognize that this is a huge waste of taxpayer money who will have to pay for the court fight.

About The Author

Greg Siskind is a partner in Siskind Susser's Memphis, Tennessee, office. After graduating magna cum laude from Vanderbilt University, he received his Juris Doctorate from the University of Chicago. Mr. Siskind is a member of AILA, a board member of the Hebrew Immigrant Aid Society, and a member of the ABA, where he serves on the LPM Publishing Board as Marketing Vice Chairman. He is the author of several books, including the J Visa Guidebook and The Lawyer's Guide to Marketing on the Internet. Mr. Siskind practices all areas of immigration law, specializing in immigration matters of the health care and technology industries. He can be reached by email at gsiskind@visalaw.com.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.